Mumbai
The Bombay high court (HC) on Monday allowed all airlines to fill the middle seats provided the guidelines issued by Directorate General of Civil Aviation (DGCA) on May 31 and all other standard operating procedures (SOPs) issued by civil aviation authorities are strictly adhered to.
The court passed its order in a petition filed by an Air India pilot who complained that the national carrier had risked the safety of passengers in Vande Bharat special evacuation flights and alleged that the airline had not adhered to a March 23 circular of DGCA which stipulated that the middle seat should be kept vacant to maintain social distancing among passengers. DGCA had, however, withdrawn the said circular and issued a new circular on May 31 stating the middle seats could be filled given the passenger was provided with proper personal protective equipment (PPE) which includes face mask, face shield, wrap around gown and gloves.
On Monday, a bench of justice SJ Kathawalla while hearing the petition was informed by DGCA and ministry of civil aviation that they had issued necessary instructions for both international and domestic airlines to protect passengers from contracting Covid-19 in its May 31 circular. The guidelines stated that the middle seats, which were to be kept vacant as per an earlier circular of March 23, could be filled up provided the airlines followed all SOPs and provided PPE to the passenger occupying the middle seat.
The airline, namely Air India, represented by solicitor general of India Tushar Mehta, advocate Dr Abhinav Chandrachud, advocates Arsh Misra and Kavitra Anchan informed the court that they would ensure that the May 31 circular and SOPs issued by various aviation authorities would be adhered to and urged that the petition be dismissed with costs.
{{/usCountry}}The airline, namely Air India, represented by solicitor general of India Tushar Mehta, advocate Dr Abhinav Chandrachud, advocates Arsh Misra and Kavitra Anchan informed the court that they would ensure that the May 31 circular and SOPs issued by various aviation authorities would be adhered to and urged that the petition be dismissed with costs.
{{/usCountry}}After hearing the submissions, the bench, which had passed an interim order on June 4 allowing filling up of the middle seats if May 31 DGCA guidelines were adhered to, said it was making final its interim order and the same would apply to all international and domestic flights including Vande Bharat flights that were pressed into service to evacuate stranded Indians abroad.
The court, however, kept the petition pending to decide on the question of whether a cost was to be imposed on the petitioner pilot.